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Document 52019PC0574

Amended proposal for a COUNCIL DECISION on the conclusion of the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part

COM/2019/574 final

Brussels, 5.11.2019

COM(2019) 574 final

2010/0180(NLE)

Amended proposal for a

COUNCIL DECISION

on the conclusion of the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part


EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part has been negotiated under an authorisation received from the Council in June 2007.

The Agreement was signed on 15 December 2010, subject to its conclusion at a later date, in accordance with Decision 2012/750/EU of the Council and the Representatives of the Governments of the Member States, meeting within the Council 1 . As regards the EU side, both the Union and its Member States are parties to this Agreement.

The ratification process has been completed by all Member States, except for the Republic of Croatia. The Republic of Croatia accedes to the Agreement in accordance with the procedure provided for in the Act of accession annexed to the Treaty of Accession of 5 December 2011, and the relevant Protocol on the accession of the Republic of Croatia to this Agreement was signed on 3 May 2016 2 .

With a view notably to take account of the entry into force of the Treaty of Lisbon, and following the judgment of the European Court of Justice of 28 April 2015 in Case C-28/12, this proposal modifies the initial proposal of the Commission (under COM(2010)332 final 3 ), which was adopted on 24 June 2010 and subsequently submitted to the Council. In order to ease the examination by the Council, the whole of the relevant text is submitted as an amended proposal.

2.LEGAL BASIS

The legal basis for the proposal is Article 100 (2) of the Treaty on the Functioning of the European Union, in conjunction with Article 218 (6) (a)(v) and Article 218 (7) thereof.

3.RESULT OF EX-POST EVALUATIONS, STAKEHOLDARE CONSULTATIONS AND IMPACT ASSESSMENTS

Not applicable.

4.BUDGETARY IMPLICATIONS

The proposal has no implication for the budget of the Union.

5.OTHER ELEMENTS

·Summary of the proposed agreement

The Agreement consists of the main body including the main principles, and four annexes: Annex I on agreed services and specified routes, Annex II on transitional provisions, Annex III including list of civil aviation rules, and Annex IV with a list of other states referred to in Articles 3 and 4, and Annex I.

2010/0180 (NLE)

Amended proposal for a

COUNCIL DECISION

on the conclusion of the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union and in particular Article 100(2), in conjunction with Article 218 (6) (a) (v) and Article 218 (7) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament 4 ,

Whereas:

(1)The Euro Mediterranian Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part was signed on 15 December 2010, subject to its conclusion at a later date, in accordance with Decision 2012/750/EU of the Council and the Representatives of the Governments of the Member States, meeting within the Council. 5

(2)The Agreement has been ratified by all Member States, except for the Republic of Croatia. The Republic of Croatia accedes to the Agreement in accordance with the procedure provided for in the Act of accession annexed to the Treaty of Accession of 5 December 2011, and the relevant Protocol on the accession of the Republic of Croatia to this Agreement was signed on 3 May 2016 6 .

(3)The Agreement should be approved on behalf of the Union .

(4)Articles 3 and 4 of Decision 2012/750/EU contain provisions on decision making and representation with regard to various matters set out in the Agreement. In view of the judgment of the European Court of Justice of 28 April 2015 in Case C-28/12, the application of those provisions should be discontinued. Having regard to the Treaties, new provisions on those matters are not necessary, nor are provisions on information obligations of the Member States, contained in Article 5 of the Decision. Consequently, Articles 3, 4 and 5 of Decision 2012/750/EU should cease to apply at the date of entry into force of this Decision. .

HAS ADOPTED THIS DECISION:

Article 1

The Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, is hereby approved on behalf of the Union 7 .

Article 2

The position to be taken by the Union as regards decisions of the Joint Committee under Article 21 of the Agreement regarding merely the inclusion of Union legislation into Annex III (List of civil avaition rules) to the Agreement, subject to any technical adjustments needed, shall be adopted by the Commission, after consultation of a Special Committee appointed by the Council.

Article 3

Articles 3, 4 and 5 of Decision 2012/750/EU shall cease to apply at the date of entry into force of this Decision.

Article 4

This Decision shall enter into force on the day of its adoption.

Done at Brussels,

For the Council

   The President

   […]

(1)    Decision 2012/750/EU of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 15 October 2010 on the signature and provisional application of the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and The Hashemite Kingdom of Jordan, of the other part (OJ L 334, 6.12.2012, p.1)
(2)    Council Decision (EU) 2016/803 of 7 May 2015 on the signing, on behalf of the Union and its Member States, and provisional application of a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession to the European Union of the Republic of Croatia (OJ L 132, 25.05.2016, p.79)
(3)     https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1561651763204&uri=CELEX:52010PC0332
(4)    Consent of [date] (not yet published in the Official Journal).
(5)    Decision 2012/750/EU of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 15 October 2010 on the signature and provisional application of the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and The Hashemite Kingdom of Jordan, of the other part (OJ L 334, 6.12.2012, p.1)
(6)    Council Decision (EU) 2016/803 of 7 May 2015 on the signing, on behalf of the Union and its Member States, and provisional application of a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession to the European Union of the Republic of Croatia (OJ L 132, 25.05.2016, p.79)
(7)    The Agreement has been published in OJ L 334, 6.12.2012, p.3 together with the decision on signature.
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